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Hospitality Industry Employment Risks: California Restaurant Group Settles “Religious Discrimination” Lawsuit With EEOC For $50,000; Trainer Fired For Growing Beard

“…The EEOC had charged that a restaurant formerly owned by McDonald’s in Fresno refused a request from a Muslim employee, a crew trainer, Equal Employment Opportunity Commissionto grow a beard for religious reasons which lead to his constructive discharge in September 2005…Aside from the monetary relief for the crew trainer, the two-year consent decree settling the suit provides that McDonald’s will reinforce training of its managers and staff and redistribute its existing policies related to religious discrimination and accommodation…”

McDonald’s Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires that employers make reasonable accommodations to the sincerely held religious beliefs of employees and applicants as long as this causes no harm to the business.  The EEOC filed suit in U.S. District Court for the Eastern District of California (EEOC v. McDonald’s Restaurants of California, Inc., Case No. 1:13-cv-02065AWI-SAB) after first attempting to reach a pre-litigation settlement through its conciliation process.

“We commend McDonald’s for its commitment to training and ensuring that its staff and managers are well-versed on laws relating to religious discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office.  “We hope other employers follow McDonald’s lead in promoting training and development of extensive anti-discrimination policies.”

Melissa Barrios, director of the EEOC’s Fresno Local Office, said, “Workers have the right to request an accommodation which would allow them to work while still practicing their religious beliefs.  Employers must consider such requests and ensure that no negative actions are taken against workers who exercise this right.”

The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-20-13a.cfm

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership

Hospitality Industry Safety Risks: Kentucky Motel Faces $1.1 Million “Negligence Lawsuit” After Guest Is Injured By Collapsed External Stairway

“…(the plaintiff) suffered broken heels and ankles in both legs, three broken bones in her lower back and multiple lacerations and bruises Hospitality Industry Injury Lawsuitsfollowing the April 23 stairway collapse…the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …” She also alleges the owners and manager should have known about the unstable stairwell. She is asking the court to award her $200,000 in medical expenses, $500,000 for pain, suffering and mental distress and $400,000 for future impairment to earn a living…”

A woman who was injured earlier this year after an external stairway collapsed at Richmond’s Super 7 motel suffered serious injuries that may make it impossible for her to work again, according to a lawsuit she has filed. Amanda R. Williams is suing the owners and operators of the motel, Richmond Host LLC and Alisha LLC, and the motel’s local manager, Paul Patel.

Williams said she must wear a back brace and is “confined to a wheelchair.” Both her legs are in boots, and she is under the care of a orthopedic doctor and a neurosurgeon in additional to receiving physical therapy, according to her suit.

See more at: http://www.richmondregister.com/localnews/x1250993435/Woman-details-injuries-suffered-in-motel-stairway-collapse#sthash.MR4LdSyZ.dpuf

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Filed under Guest Issues, Injuries, Liability, Maintenance, Management And Ownership

Hospitality Industry Risk Solutions: “2014 Hospitality Insurance & Loss Prevention Summit” On February 10 Presented By Petra Risk Solutions

Hospitality Insurance & Loss Prevention Summit Feb 10 2014 Petra Risk Solutions2014-HLC-Brochure-12-13-20131

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by | December 20, 2013 · 6:45 am

Hospitality Industry Technology Solutions: Hotels Partner With Google To Present Guests With “360-Degree Panoramic Virtual Tours” On Websites

“…Google Business Photos are 360-degree tours powered by Google Street technology. Many businesses have used the technology since Google introduced it in 2010, but a growing number of hotel companies are now adopting it… “Since the 360-degree panoramic virtual tours are taken by Google Trusted Photographers, guests know that these tours are created by a trusted, third party.”

Hospitality Industry Technology SolutionsChekitan Dev, marketing professor at Cornell University’s School of Hotel Administration and author of Hospitality Branding, says other hotel companies will have to think more about visuals to compete with their counterparts.

USA Today

By Nancy Trejos

Hotels are partnering with Google to change the way travelers can view hotels even before they walk through the front entrance. Best Western International on Thursday will announce the launch of Google Business Photos for all 2,200 of its North American hotels. All hotels will have the virtual tours online by the end of 2014.

Carlson Rezidor Hotel Group, parent company of Radisson, Radisson Blu, and Country Inns & Suites, this month started a pilot program of the service with an initial rollout at its hotels in Chicago, Miami and metro Washington, D.C.

“It will allow you to virtually experience the hotel in the same way you would if you were there,” says Dorothy Dowling, senior vice president of marketing and sales for Best Western. “We personally believe that this is going to be a game-changer in the industry in redefining how photos will be consumed by the consumer.”

The photos are taken by photographers trained and certified by Google. Their still photographs are stitched into 360-degree views using panoramic camera technology. Travelers can see the photos when they search for the hotel on Google Search, Google Maps, Google+, and Google Hotel Finder. They’ll be able to take the interactive tours on their computers, smartphones or tablets. The hotels also can link to the images from their websites.

For more: http://www.usatoday.com/story/travel/hotels/2013/12/18/best-western-carlson-google-business-photos/4115185/

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Filed under Guest Issues, Management And Ownership, Risk Management, Technology

Hospitality Industry Health Risks: Restaurants Must Institute Rigorous Policies To Comply With 2014 FDA “Gluten-Free” Preparation Mandates

“…Done correctly, a (restaurant) cook leaves the line, washes his hands, enters a walk-in and dons a clean apron and gloves. He then assembles the Gluten Free Restaurantspizza on a manufactured crust using tongs and a ladle set aside for that item. Once baked, the pizza is cut with a specific knife on a clean cutting board…He recently had his third-party toppings maker rework its recipes to ensure they were gluten-free…”

Many restaurant chains are instituting rigorous policies for preparing and serving gluten-free offerings as awareness of gluten allergies and intolerance rises.

And while several operators said only about 1 percent to 3 percent of customers request gluten-free items, all insisted that taking extra effort to make such foods safely is good for business — and will keep them in compliance with upcoming mandates from the Food and Drug Administration.

At 60-unit Costa Vida, gluten-free corn tortillas are cooked first thing in morning so the comal can be sanitized and readied for flour tortillas. Corn tortillas are then stored in a closed container and opened only when necessary.

For more: http://nrn.com/health-amp-nutrition/restaurants-tighten-gluten-free-operations

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Filed under Guest Issues, Health, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Property Risks: Wisconsin Hotel Fire Likely An Electrical Short Tied To Bathtub Overflow; “Fire Stops” Limit Damage

“…(the fire likely started in the area where) a bathtub on the second floor overflowed for an extended period of time…the fire was likely electrical Hotel Fire and Smoke Damagein nature…Most of the damage was limited to the back one-third of the hotel, thanks to the building’s design, which includes “fire stops” — concrete barriers between sections of larger buildings that help keep potential fires from spreading…”

Investigators say a fire that tore through the Days Inn in Wausau Saturday evening started in the same area where a bathtub overflowed earlier in the day. Investigators from the Wausau Police Department, Wausau Fire Department, and the State Fire Marshal’s Office were at the hotel at 116 S. 17th Ave. Sunday to look into the cause of the blaze that displaced at least 20 long-term residents.

Wausau Police Capt. Greg Hagenbucher said investigators were notified of an incident earlier on Saturday where an amount of water damage was caused when a bathtub on the second floor overflowed for an extended period of time. The damage occurred in the same area where the fire was discovered. Hagenbucher said the fire was likely electrical in nature and does not appear suspicious.

For more: http://www.wisconsinrapidstribune.com/article/20131215/WRT01/312150299/Updated-Days-Inn-fire-likely-electrical-tied-water-damage-from-overflowing-bathtub

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Filed under Fire, Guest Issues, Maintenance, Risk Management, Structural Damage

Hospitality Industry Property Risks: Idaho Hotel Suffers Water Damage To Lobby And Parking Garage When “Frozen” Fire Suppression Pipe Bursts

“…it took some time for Boise firefighters to stop the broken line, drain the water and help dry out the lobby of the hotel and Hotel Water Damagethe parking garage…(hotels must) take some precautionary measures to keep pipes from freezing and especially as they start to thaw (such as) wrapping the pipes with heating tape…”

Saturday night at the Hampton Inn in Boise’s downtown a thawing fire suppression pipe burst and sent water surging. A first person video shows the amount of water that came flowing inside the parking garage, which Captain Ramey said was due to a frozen fire suppression pipe that was expanding and thawing.

It was not the first time the fire crews responded to the report of burst pipes as the temperatures in the Treasure Valley started to warm after our recent cold snap. Last Tuesday, pipes burst at the Tavern at Bown Crossing causing damage inside the building and forcing the restaurant to close for a couple days. Also, United Power workers were out last week helping more than 70 customers thaw  their pipes.

General Manager of the Hampton, Erik Hansen, said the pipe burst in the garage area, which is not heated and the water poured below denting one car and covering another with water.

Hansen said they actually had a fire suppression pipe burst during last winter’s cold snap. It was in a completely different area of the building. He says they will now likely be wrapping the pipes with heating tape.

For more:  http://www.ktvb.com/news/Pipe-bursts-and-surges-through-Bodo-hotel-and-parking-garage-235964821.html

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Filed under Maintenance, Management And Ownership, Risk Management

Hospitality Industry Technology Solutions: New Restaurant Smartphone App Integrates “Ordering & Reservation System”; Customized Menus Along With Table Availability And Wait Times

“…the portable electronic device can be used to review a menu, place an order, and be billed for an order…In other examples, the Hände mit Handys im Restaurantportable electronic device can also transmit personal information or a personal profile of the operator of the portable electronic device to the restaurant so that the restaurant can personalize the menu or provide recommendations for items to order. In one example, the personalized menu can be configured to remove items from the menu that contain substances that the customer is allergic to…”

“…(the app is) capable of providing recommendations for restaurants in response to a search query for a particular restaurant type, cuisine, ethnicity, price point, rating, or a combination of a few of these factors. The recommendations provided to the customer can be based on the wait time for the next available table at the restaurant…”

“…the recommendations can contain only restaurants with a table available within a predetermined period of time. As another example, the recommendations can contain only restaurants capable of providing the customer with a table within a period of time after the customer arrives at the restaurant…”

On December 12, 2013, the US Patent & Trademark Office published a patent application from Apple that reveals a new ordering and reservation system that could work with various Apple iDevices. Although the system can be modified to be apply to movie theaters, repair services, museums and the like, Apple’s main focus is on a restaurant market application Our cover graphic was taken from Apple’s “Life on iPad” promotional video where they illustrated a chef or short order cook using the iPad as part of an ordering system.

For more: http://www.patentlyapple.com/patently-apple/2013/12/apple-invents-restaurant-ordering-reservation-system.html

http://blogs.barrons.com/techtraderdaily/2013/12/13/opentable-slips-apple-patent-describes-eating-at-a-restaurant/

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Filed under Management And Ownership, Risk Management, Technology

Hospitality Industry Employment Risks: Florida Hotel Settles Federal “Wage Violation” Investigation For $30,000 In Back Pay; Failed To Maintain Accurate Payroll Records

“Even when an employer contracts with a payroll service company, as this one did, the employer is required by federal labor laws to record and Hospitality Industry Wage Violation Lawsuitsmaintain accurate records of hours worked by employees. The employer is responsible for submitting accurate data for the preparation of employees’ paychecks,” said James Schmidt, director of the Wage and Hour Division’s Tampa District Office. “It is illegal for an employer to falsify the number of hours worked by employees.”

The division has noticed the noncompliance in the hospitality industry and is concentrating its resources on investigating and remedying violations, informing workers of their rights and providing compliance assistance to employers. Since 2009, the division has concluded nearly 5,100 cases involving hotel and motel employers, resulting in more than $16.1 million in back wages for more than 30,000 workers nationwide.

Olympia Development Group LLC, doing business as Safety Harbor Resort and Spa in Tampa, has paid 37 employees $30,786 in back wages after an investigation by the Wage and Hour Division of the U.S. Department of Labor identified violations at the resort of the Fair Labor Standards Act’s overtime, minimum wage and record-keeping provisions.

The investigation disclosed that management changed employees’ time records, removing hours they had worked before and after their scheduled shifts, and deducting meal breaks, regardless of whether those breaks had actually been taken. These deductions from employees’ timecards, in addition to violating record-keeping provisions, resulted in both minimum wage and overtime violations when hours worked went unpaid.     Additionally, tipped employees were paid in violation of FLSA minimum wage requirements when, in addition to their direct cash wages they received from the employer, they did not collect enough in tips to earn minimum wage, yet the employer failed to make up the difference. Tipped employees were also paid in violation of FLSA overtime requirements when their overtime rates were based on time and one-half their direct cash wages rather than the full minimum wage of $7.25 per hour.

The employer has paid all the back wages found due and has agreed to comply with the FLSA in the future.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates of pay for hours worked over 40 per week. In general, hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employee’s wages, hours and other conditions of employment be maintained.

The Wage and Hour Division’s Tampa District Office can be reached at 813-288-1242. Information on the FLSA and other federal labor laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) or by visiting http://www.dol.gov/whd.

For more: http://www.dol.gov/whd/media/press/whdpressVB3.asp?pressdoc=Southeast/20131210.xml

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Filed under Employment Practices Liability, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Crime Risks: Hotels Work With States To Reduce “Sex Trafficking” At Super Bowl Sites; Tens Of Thousands Of Women And Minors Victimized During Annual Event

“…The New Jersey Coalition Against Human Trafficking has taken several steps to raise awareness about the issue, training hotel managers on Child Sex Traffickinghow to detect and address trafficking in their establishments, and holding an informational rally replete with “elected officials, community activists, students, [and] artists.” Efforts like those in New Jersey and Arizona are aimed at duplicating past success at Super Bowl host sites…”

Before Super Bowl XLVI, held in Indianapolis in 2012, efforts from nonprofits and other activist groups helped generate a law making it easier to convict and punish pimps for victimizing people under 16 years of age. Those efforts don’t just fight sex trafficking around the Super Bowl — they also leave in place laws that are effective in limiting the practice long after the game is gone.

The enormity of the Super Bowl provides an ideal setting for traffickers to maximize profits. In Florida, for instance, “tens of thousands of women and minors” were victimized around Miami in 2009. Due to the influx of sports enthusiasts, there are more opportunities for sex solicitation – which pimps capitalize on. Additionally, the number of escort ads multiply closer to game day.

Led by Cindy McCain, the wife of Arizona Sen. John McCain (R), the task force issued 28 recommendations for reducing sex trafficking in the state. The task force, for instance, recommends increased protections for sex trafficking victims who are minors and the recognition of girls as victims in need of help instead of prostitutes. It suggests changing current state law to treat 15-, 16-, and 17-year-old victims of sex trafficking the same way it treats girls who younger than 15. It also suggests increasing penalties for johns and devoting resources to public awareness campaigns to combat the prevalence of sex trafficking.

Anti-trafficking outreach before the annual event is not unique to the Copper State, and advocacy campaigns have produced tangible results around past editions of the Super Bowl. Activists in New York and New Jersey are bracing for Super Bowl XLVIII – which they’ll host in February at New Jersey’s MetLife Stadium.

For more: http://thinkprogress.org/sports/2013/12/12/3050121/combating-human-trafficking-arizona/

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Filed under Crime, Guest Issues, Labor Issues, Liability, Management And Ownership, Risk Management, Training